Decision details

As we approach expiry of the Leisure Partnership Agreement, the Council is able to procure a final survey of the facilities to assess whether the facilities have been maintained by the Leisure Operator in accordance with the Service Specification and with its obligations under the agreement generally. This exercise is essential as it will determine any areas that the Operator has failed to fulfil its obligations under the contract, and therefore enable the Council to notify the Operator of the rectification/ maintenance works required and specify when these works are to be undertaken and also set up a rectification fund account (which the operator is required to transfer to equivalent to the cost of the outstanding work). Due to contractual constraints within the LPA, this survey must be completed well in advance of the contract expiry of 31 October 2025, no less than 6 months prior. Therefore, the survey must be completed and issued prior to the end of April 2025.
We used a framework agreement to procure these specialist works through a ‘mini-competition’ and received one tender return. We are satisfied that this bidder is able to meet the requirements set out within the spec and within the timescales that the contract requires of us and therefore would like to make the award.

The company who bid for these works are on a framework agreement which has already gone through the relevant selection criteria. All bidders were supplied with relevant contractual information , leases and asset matrix of responsibilities in addition to a detailed scope of works so that each bidder was fully briefed of the Council’s requirements. The bidder has also responded to the clarifications raised and we are confident based on their application and relevant experience and skillset, that the services requested will be completed to the satisfaction of the Council.

One alternative option is to seek further quotations for this work, however this will impact on the timescales and we may be in a position whereby the Council cannot arrange for this survey to be completed 6 months prior to the end of the contract, and therefore the Council would not be fulfilling its obligations.
Another option is to ‘do nothing’ and not proceed with the dilapidation surveys, however this would put the Council at risk as GBC would not have an up to date costed survey of the condition of the Facilities at the point of a potential contractual change over to a new Operator, and GBC therefore may not be fully aware of any works (and associated costs) needing to be carried out and completed by the incumbent in accordance with the Contract before its expiry in order to avoid potential ambiguity and dilapidation disputes with the incumbent, or with an incoming new Operator under a new contract.

Scheme of Delegation to Officers (Part 3 of the Council’s Constitution.) Para 2.8.7 General Delegation to Directors and Assistant Directors.